Case Digest (A.M. No. P-38)
Facts:
- The case involves Clerk of Court Belinda V. Antonio from the Court of First Instance of Negros Occidental, Branch VII.
- The issue arose from the unexplained loss of the record in Criminal Case No. 418, "People vs. Mapa."
- Administrative proceedings were initiated against several court personnel, including Antonio, Docket Clerks Presco Labrador and Eden N. Ledesma, and Janitor Maximiano Biwang.
- On March 24, 1970, Janitor Biwang received the record from the post office, which had been remanded by the Court of Appeals.
- Biwang handed the record to Ledesma, who stamped Antonio's name on the transmittal letter.
- The record was returned to the Court of Appeals, but the transfer to Labrador was not formally documented, violating standard procedures.
- The loss was discovered when Mrs. Josefina Vda. de Marcella inquired about the case.
- Labrador and Ledesma were found guilty of neglect of duty, while Biwang was exonerated.
- On April 13, 1973, the President imposed a one-month pay fine on Antonio for neglect of duty based on the Secretary of Justice's findings.
- Antonio filed a motion for reconsideration, claiming the penalty was excessive and not reflective of the investigation's findings.
Issue:
- (Unlock)
Ruling:
- The Supreme Court set aside the one-month pay penalty on Belinda V. Antonio.
- Antonio was admonished to exercise greater vigilance and closer supervision over her subordinates.
- The Court acknowledged tha...(Unlock)
Ratio:
- The Supreme Court recognized Antonio's supervisory role but stated that command responsibility should not be applied absolutely.
- The proximate cause of the record's loss was primarily due to the negligence of Labrador and secondarily to Ledesma.
- The Court no...continue reading
Case Digest (A.M. No. P-38)
Facts:
The case involves Clerk of Court Belinda V. Antonio of the Court of First Instance of Negros Occidental, Branch VII, located in San Carlos City. The events leading to this case began with the unexplained loss of the record of Criminal Case No. 418, entitled "People vs. Mapa." This incident prompted administrative proceedings against several court personnel, including Antonio, Docket Clerks Presco Labrador and Eden N. Ledesma, and Janitor Maximiano Biwang. On December 6, 1971, Secretary of Justice Vicente Abad Santos issued a decision stating that while the case against Antonio would be treated separately, the facts indicated that on March 24, 1970, Biwang had received the record from the post office, which had been remanded by the Court of Appeals for execution of judgment. Biwang handed the record to Ledesma, who stamped Antonio's name on the transmittal letter. After this, the record was returned to the Court of Appeals, but the subsequent transfer to Labrador was not formally recorded, violating standard operating procedures. The loss of the record was discovered when the offended party, Mrs. Josefina Vda. de Marcella, inquired about the case. The investigation revealed that while Labrador and Ledesma were found guilty of negl...